LEVEL OF PHYSICAL, MENTAL, AND COGNITIVE FUNCTIONS IN THE CHILD WITH

be rejected by society in view of the fear of pain and suffering of the child and the parents.288 With regard to the socio-cultural factor discussed above, the nature of the child’s physical, mental and emotional situation can be overwhelming and be a determining factor to abandon, dump and even induce instant death on the child.

2.2.1. LEVEL OF PHYSICAL, MENTAL, AND COGNITIVE FUNCTIONS IN THE CHILD WITH DISABILITIES

The level of physical, mental, and cognitive functions in a child with disabilities raises an ethical question on the permissibility of withdrawing life serving support devices. This is because the burden of medical care/treatment and severity level of disabilities in a child outweighs the benefits foresaw.289 From the medical point of view, medical professionals would allow the child with disabilities to die rather than live considering the above situation.290 _{Such a reality would be more challenging if we look at it from rural settings}

284 _{Rodriguez-Prat, A., Monforte-Royo, C., Porta-Sales, J., Escribano, X., and Balaguer, A., (Eds), (2016),}

Patient Perspectives of Dignity, Autonomy, and Control at the End of Life: Systematic Review and Meta- Ethnography, in PLOS ONE Review Journal, DO1:10.1371, March 24, Research Article, 2/18.

285 _{Renwick, R., (2004), Research Summary of the Children’s Quality of Life Project, in} http://www.sites.utoronto.ca/qol/projects/summaryReport-children. Quality of Life for Children with Long- Term Disabilities, Instrument Development and Validation, Posted on March 15 – December 31, 12:30 GMT, 7. On the positive note, one parent stated this: ‘I think all children need, they need stability, they need love, they need nurturing, they need unconditional love and they need the care. They need someone that’s there that provides for them. All children need it. In fact, that’s what makes them grow.’ So, while others have negative views regarding the severity of the children’s disabilities, there are some who see something positive in them all. They come to recognize that no matter the physical or mental condition of the child, the child is always in need of parental care. Therefore, per this scholarship, we come to realize that “Quality of life of the child ought not to be a condition of the child’s worth and living.

286 _Ibid.

287 _{Every Disabled Child Matters, (EDCM), (2007), Disabled Children and Child Poverty: Briefing Paper}

Campaign to End Child Poverty for Families with disabled Children, London: Council for Disabled Children, Special Educational Consortium, August, 6-10.

288 _Ibid.

289 _{Wilkinson, D.J., (2011), A Life Worth Giving? The Threshold for Permissible Withdrawal of Life Support}

from Disabled Newborn Infants, In the American Journal of Bioethics, New York: GMC, 11(2), 20-32.

where even medical facilities are limited and lacking. In the context of a rural family, such a complication of a child with severe disabilities would be one of the capital reasons why people would abandon, dump and kill children born with physical and mental disabilities. In terms of considering the severity of the physical, mental, and cognitive component of a child with disabilities, the child’s life may be put under the category of a life not worthy living as Wilkinson had put it.291 When the child has reached this threshold, life-serving support system could be withdrawn to let the child die. This judgement is based upon the predicted future well-being of the child with disabilities. In ancient times, the utilitarian school of philosophy, particularly in the first century A.D., advocated the practice of killing unwanted babies and it became a common practice.292The contemporary situation is crucial, considering the various scenarios of child abuse. Children with disabilities are being abandoned, dumped, and killed without any reference to medical profession who could take care of the situation. The common practice in the rural areas is that people tend to resort to take their own decisions with limited consultation. For instance, if the child with disabilities is deemed as unwanted, infanticide becomes a strong option for many mothers.293 Worse still, if the it is a child with physical and mental disability, infanticide becomes almost obligatory for those who can hardly stand their situation and that of the child.294 The national scenario regarding child abandonment and child homicide is linked to various factors. The media portrayal of child abandonment in South Africa is related to teenage pregnancy, abortive sentiments due to unplanned pregnancies and certain issues of physical and mental condition of the child.295 At medical level, the criterion used is the level of physical, sensory, emotional and cognitive functions of the child.296 At a global level, child abandonment has been a reality, associated with mass urbanization and some social related issues e.g. family support systems, devastating impact of poverty.297 The Fact Sheet on child abandonment research reported an increase in the number of children being abandoned though it does not

291 _Ibid.

292 _{Jones, D.A., (2012), Perils of Pure Logic in the “Tablet” Rights of the Unborn, Oxford: Anscombe Bioethics} Centre, 17th _{March, 4.}

293 _{South Africa Research Council, (2016), Baby Killing in South Africa – Uncovering the Unthinkable, in}

Africa’s Medical Media Digest, Cape Town: Medical Brief, 4-5. The research findings reported that the killing of children is the extreme part of a continuum of violence against children in South Africa, says the study, adding that it is a serious social and public health problem and suggests failure of state services. Intervening is critical at all levels.

294 _Ibid. 295 _Ibid.

296 _{Rodriguez-Prat, A., Monforte-Royo, C., Porta-Sales, J., Escribano, X., Balaguer, A., (Eds), (2016), Patient}

Perspective of Dignity, Autonomy, and Control at the End of Life: Systematic Review and Meta-Ethnography, in PLSO ONE Journal, March 24, 5/18.

297 _{National Adoption Coalition, (2014), Fact Sheet on Child Abandonment Research in South Africa, Pretoria:} SA’s Adoption Assistance Centre, May 20 Issue.

give specific details on what constitutes the abandoned child.298 _{Recent media records}

indicated that a combination of various factors namely: poverty, gender inequalities and social suffering contributed to child abandonment.299

2.2.2. A CASE STUDY OF CHILD HOMICIDE DUE TO THE DEGREE OF PHYSICAL